[2015] KEHC 7693 (KLR)
The court found that the petitioners failed to disclose the existence of another house and children of the deceased, constituting concealment of a material fact. This omission was unchallenged by the respondents. Under Section 76 of the Law of Succession Act, such concealment is grounds for revocation of a grant....
Source-derived case information.
- Citation
- [2015] KEHC 7693 (KLR)
- Parties
- Applicant: James Kimani Kinyanjui; Applicant: Patrick Muiru Kinyanjui; Respondent: Paul Njoroge Kinyanjui; Respondent: Samuel Thuo Kinyanjui
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 877 of 2012
- Procedural Posture
- Succession Cause / Ruling on Application for Revocation of Grant
- Outcome
- Application for revocation of grant allowed. Grant revoked. Fresh grant to issue jointly to representatives of both houses. Costs to be borne by the respondent.
- Judges
- REA Ougo
- Legal Topics
- Revocation of Grant, Non Disclosure of Beneficiaries, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Kimani Kinyanjui
Applicant
Patrick Muiru Kinyanjui
Applicant
Paul Njoroge Kinyanjui
Respondent
Samuel Thuo Kinyanjui
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Revocation of Grant
Legal Issues
- 1 Whether the grant of representation was obtained fraudulently by concealment of material facts.
- 2 Whether failure to disclose the existence of another house and children warrants revocation of the grant.
Ratio Decidendi
The court found that the petitioners failed to disclose the existence of another house and children of the deceased, constituting concealment of a material fact. This omission was unchallenged by the respondents. Under Section 76 of the Law of Succession Act, such concealment is grounds for revocation of a grant. The court therefore revoked the grant issued to the respondents and ordered that a fresh grant be issued jointly to representatives from both houses of the deceased to ensure fair administration of the estate.
Court Disposition
Application for revocation of grant allowed. Grant revoked. Fresh grant to issue jointly to representatives of both houses. Costs to be borne by the respondent.
Orders
- The grant of administration issued on 21st January 2013 to Paul Njoroge Kinyanjui and Samuel Thuo Kinyanjui is revoked.
- A fresh grant to the estate shall issue in the names of James Kimani Kinyanjui, Patrick Muiru Kinyanjui, Paul Njoroge Kinyanjui, and Samuel Thuo Kinyanjui jointly to represent the two houses of the deceased.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 877 OF 2012
IN THE MATTER OF THE ESTATE OF LEONARD KINYANJUI KIMANI (DECEASED)
RULING
Before me is an application dated the 31/10/2013. The applicant seeks to have the grant issued to Paul Njoroge Kinyanjui on the 21/1/2013 revoked.
The applicant avers that they are children of the deceased other wife Margaret Wambui Kinyanjui and that the petitioners mislead the court by stating that there was only one house.
The petition was filed by Paul Njoroge Kinyanjui and Samuel Thou Kinyanjui. In their petition they do not mention the applicants. Though served with the application they did not respond. The applicant’s averments have not been challenged.
The petitioner failed to disclose that the deceased had another family. Under Section 76 of the Succession Act Cap 160 a court may revoke or null a grant of representation if the grant was obtained fraudulently by invoking of a fake statement or by the concealment from the court of something material to the court. The petitioner canceled a material fact that the deceased had another wife who is now deceased and that he had children with him then applicant. I therefore revoke the grant of administration issued on the 21st January 2013 to Paul Njoroge Kinyanjui & Samuel Thuo Kinaynjui for the administration of the estate of Leonard Kinyanjui Kimani. A fresh grant to the estate shall issue in the names of James Kimani Kinyanjui, Patrick Muiru Kinyanui, Paul Njoroge Kinyanjui and Samuel Thuo Kinyanjui jointly to represent the 2 houses of the deceased. costs of the application shall be borne by the respondent.
It is so ordered.
Dated, signed and delivered this 22nd day of July 2015.
R. E. OUGO
JUDGE
IN THE PRESENCE OF:
…………………………………………..FOR APPLICANT.
CHARITY COURT CLERK